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1 Answer | Asked in Family Law for Ohio on
Q: My brother had POA for my mother. However he started having I’ll intentions and my mother wanted me to have POA.

However we signed and notarized the POA in the hospital as she is competent. He is going to try and say she wasn’t competent, what can I do to protect my mother and the POA we signed in the hospital?

Joseph Jaap
Joseph Jaap
answered on Jan 31, 2023

When a new POA is executed that revokes the prior POA, until people are notified that the old POA has been revoked, they might still honor it and follow instructions from the old agent. So the new POA should be given to health care providers, banks, financial advisors, insurance agents, etc. so... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: If my wife and I are starting to work through a divorce. do I stay in the house?

My wife indicates she is seeking a divorce. she has stated I should pack and move out. I pay the mortgage and utilities, my wife does not currently have a job.

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2023

You need to talk to a lawyer ASAP. Use the Find a Lawyer tab to retain a local divorce attorney who can review your situation and advise you of your rights. Many offer free consultations, so talk to a few and find one to work with. Don't delay.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

1 Answer | Asked in Child Custody for Ohio on
Q: If grandma had custody of a child and the grandma die what happens to the child and both parents r unfit
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

They will preferentially be placed with a willing relative who is not unfit, and failing that, with willing fit foster parents

1 Answer | Asked in Medical Malpractice for Ohio on
Q: How can I find out if my dads medical malpractice case has been closed. Ohio 1:2012cv01681
Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2023

Many Court's have the records online, sometimes they actually have the documents. You can see if it is open.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Aaron Epling
Aaron Epling
answered on Jan 25, 2023

The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.

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2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Joseph Jaap
Joseph Jaap
answered on Jan 25, 2023

Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... Read more »

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1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law for Ohio on
Q: In ohio if I want to sign poa to my 24yr old daughter over my 15 yr old daughter do I have to go thru the court
Joseph Jaap
Joseph Jaap
answered on Jan 24, 2023

She would have to apply to the probate court to be appointed guardian. Use the Find a Lawyer tab to retain a local attorney who handles guardianships to review your circumstances and advise you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Criminal Law for Ohio on
Q: A 20 year old steals billions by hacking into a companies website. What’s the punishment? Can he keep the money?

Assume theft charges have been filed (I don’t know how guy would’ve been caught otherwise). And when I say can he keep the money I mean to use after he serves his time. Can he refuse to return the money?

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

A cyber criminal who steals billions and gets caught is facing decades in prison on both a state and federal level. He or she needs to hire an attorney ASAP. As for the money, they will do everything they can to get it back. It will be ordered as restitution, if he is convicted. The government will... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: If someone falls a false police report on you can they turn around and do it again in the same county

I was charged with a domestic that I did not do can that be overturned in the state of Tennessee and can she file another report of the same kind of incident in the same county

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Yes, of course she can. While it is frustrating to be the subject of false reports, the police are not going to assume one report is false just because a previous one was. After all, doing so would be tantamount to concluding that a person who lied in one report couldn't possibly be the victim... Read more »

1 Answer | Asked in Immigration Law and Cannabis & Marijuana Law for Ohio on
Q: After missing interview,does clock restart after approval to reschedule interview or after you attend Interview
Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Your question does not contain enough information to provide you an answer. It appears you have a question about timing requirements when you miss an interview with USCIS. You should contact a local immigration attorney ASAP, if you missed an interview.

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I'm victim in DV case. Got subpoena in mail. Do I have to appear at pre-trial? Ohio

I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 22, 2023

Yes if you were subpoenaed. Some judges work on DV’s at pre trial.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My children were born at home in the US (Ohio). How can I get birth certificates for them?

Unassisted home birth, no medical records. Baptismal records exist. More than 1 year since birth.

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

Please follow the steps below to file the certificate:

Download and fill out the New Born Birth Certificate Packet

Gather required documentation. See page 1-9 of the New Born Birth Packet

Contact the Vital Statistics Registrar at (513)732-7499 to schedule an appointment to...
Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Are gun parts in a backpack legal in ohio

No chl charges date back over ten years

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 22, 2023

Yes. If the parts are for an illegal firearm such as an uzi that fires multiple rounds with one trigger squeeze, there may be an issue.

Otherwise, no gun permit is needed in Ohio.

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